Disposed

Gopal Singh v. Smt Suraj Devi Thr Lr

Rajasthan HC14 May 2018CSA/203/2018

Case brief

AI extract

What is this about?

In a civil second appeal, the Court extended the appellant's possession of tenanted premises until 13th May 2019. The appellant was directed to deposit mesne profits and submit an undertaking, with power to execute the decree upon default.

What did the court decide?

Appellant granted further possession until 13/05/2019, ordered to deposit mesne profits, and directed to submit a court undertaking.

Gopal Singh Vs Smt Suraj Devi Thr Lr — Landlord and Tenant | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. Civil Second Appeal No. 203/2018

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Gopal Singh S/o Shri Jagannath, Singh, B/c Somvanshi, R/o Mohalla Shivpura Shop Keeper Colths, Rathkhana Ki Gali, Chudi Market, Alwar Rajasthan

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----Defendant-Appellant

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Versus

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Smt. Suraj Devi W/o Jaishiv Lal Bhaskar, R/o MohallaHarbux, Alwar Raj. (Since Deceased)

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1/1. Jaishiv Lal Bhaskar S/o Shri Nand Lal, Caste- Swarnkar, R/o Munshi Bazar, Alwar Rajasthan

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----Plaintiff-Respondent

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For Appellant(s) : Mr. Bipin Gupta For Respondent(s) : Mr. R K Mathur, Senior Counsel assisted by Mr. Vinod Kumar Mathur

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HON'BLE MR. JUSTICE PRAKASH GUPTA

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Judgment

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14/05/2018

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The instant Civil Second Appeal under Section 100 CPC

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has been filed by the defendant-appellant aggrieved by the judgment and decree dated 13^th March, 2018 passed by the learned Additional District & Sessions Judge No.1, Alwar whereby the learned court below dismissed the appeal filed by the defendant-appellant against the judgment and decree dated 14^th August, 2006 passed by Additional Civil Judge No.1, Alwar in Civil Suit No.34/154/1995.

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Learned counsel for the appellant Shri Bipin Gupta after arguing the matter at some length, on instruction of his client, who is present in the Court, has not pressed this appeal on merits.

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(2 of 3)

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[CSA-203/2018]

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The only prayer made by him is that time of one year may kindly be granted to the appellant to vacate the tenanted premises.

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Learned senior counsel appearing for the respondent Shri R.K. Mathur on instructions of his client has no objection in granting the time as prayed for by the appellant for vacating the tenanted premises.

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In view of the aforesaid submission of learned counsel for the parties, this second appeal is being decided in the following terms:-

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The defendant-appellant shall be entitled to continue in possession of the suit premises uptill 13^th May, 2019 but not beyond that, subject to condition that he would hand over the vacant and peaceful possession of the tenanted premises to the respondent on or before 13^th May, 2019.

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The appellant shall deposit arrears of mesne profit, if any, due towards them up to 30^th April, 2018 at the rate of Rs.15/- per month within a period of one month from today with the bank account of the respondent and thereafter, from the month of May, 2018, the appellant shall continue to deposit the mesne profit at the rate of Rs.500/- in the bank account of the respondent by 15^th of each month.

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The appellant shall not alienate or otherwise create third party right or hand over possession of the tenanted premises in question to any other person.

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If the appellant fails to deposit the mesne profit consecutively for four months, the respondent shall be at liberty to execute the decree without any further reference to the Court.

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Further, the appellant shall submit an undertaking on oath incorporating the aforesaid conditions before the Additional Civil Judge No.1, Alwar within a period of four weeks from the

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(3 of 3) [CSA-203/2018]

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date of this order. In case, the appellant fails to submit the undertaking as aforesaid within four weeks from today and/or commits breach of any of the conditions of this order, the respondent shall be entitled to execute the decree forthwith and obtain possession of the suit premises in accordance with law.

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The second appeal stands disposed of accordingly, stay

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application is also disposed of.

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(PRAKASH GUPTA),J

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Sanjay Gaur/40

Gopal Singh v. Smt Suraj Devi Thr Lr

Case brief

What is this about?

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Gopal Singh v. Smt Suraj Devi Thr Lr

Case brief

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